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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If you purchase something in a shop and your payment is accepted

Resolved Question:

If you purchase something in a shop and your payment is accepted and you have a receipt for the goods, but 3 days later the shop realise they undercharged you for the goods, and write to you informing you of their error, what is your legal position?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do they have terms saying errors and omissions excepted?

Customer:

They do not have any terms, it was a straight forward purchase of an item.

Alex Watts :

Ok - then in that case its their fault.

Alex Watts :

They need to give you the goods for the price contracted for, ie the lower price.

Alex Watts :

If it is their fault and a mistake then unless it was obvious, ie you brought a new porche for £10, then its their own tough luck

Alex Watts :

You do not have to pay the difference

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok, What exactly happened was that I chose a diamond ring for my wife and they sold it to me for the wrong price, because they mistook it for a different ring that I was also looking at, and they charged me for the cheaper ring, even though I clearly chose "and they wrapped it up for me" the more expensive ring. They also gave me the wrong certificate for the diamond ( ie I have the certificate fo the cheaper ring).

Customer:

Sorry, hadn't finished. They have now written to me asking me for the certificate back and for the balance of the money that they have lost from there mistake. Only problem is that I do not have the certificate for the diamond that is in my possession

Alex Watts :

Indeed. But anyway its not your fault.

Alex Watts :

They made a mistake.

Alex Watts :

Its too late!

Alex Watts :

You are not responsible

Alex Watts :

Does that help?

Customer:

It does, thank you, ***** ***** I have any way of getting the correct certificate from them as tey have made a mistake giving me the wrong one.

Alex Watts :

You need to write and ask them for it or say you will apply to the Court if they refuse.

Alex Watts :

Of course it depends whether you want or need the certificate.

Alex Watts :

If they refuse then you can issue proceedings. You need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And submit it to Court.

Alex Watts :

The Defendant will be sent a copy and the Court will then list the matter for hearing

Alex Watts :

You are asking the court for an order that they 'deliver up' the certificate

Alex Watts :

Does that assist?

Customer:

Yes you have been most helpful, thank you

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